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Gregory v. Simms

United States District Court, District of South Carolina, Greenville Division

March 17, 2015

Jacoby Jamar Gregory, #243322-223, Plaintiff,
v.
Gilbert Simms; Scott Hawkins; Anthony Morton; Fountain Inn Police Department; Leigh B. Paoletti; Greenville County Solicitors Office; Greenville County Detention Center; City of Fountain Inn, Defendants.

ORDER

Timothy M. Cain United States District Judge

Plaintiff, proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge’s Report and Recommendation (“Report”), recommending that the court dismiss Plaintiff’s action without prejudice and without issuance and service of process. Plaintiff was advised of his right to file objections to the Report. (ECF No. 19 at 13). Plaintiff, however, filed no objections to the Report, and the time to do so has now run.

The Report has no presumptive weight and the responsibility to make a final determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). In the absence of objections, this court is not required to provide an explanation for adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committee’s note).

After a thorough review of the Report and the record in this case, the court adopts the magistrate judge's Report (ECF No. 19) and incorporates it herein. It is therefore ORDERED that Plaintiff’s action is DISMISSED without prejudice and without issuance and service of process.

IT IS SO ORDERED.


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